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Resources: Flowcharts to Support JCT Contract Management

Navigating the intricacies of JCT (Joint Contracts Tribunal) contracts can be challenging, particularly when multiple stakeholders, detailed procedures, and strict timelines are involved. While JCT …

Mind the Gap: Avoiding Hazards in Back-to-Back Contracting

If you’ve ever found yourself frantically flipping through a sub-contract at 6pm on a Friday wondering, “Hang on… does this clause even match what we …

Contractual Right to Postpone Works: Lessons from Grain v Shepherd

Wait! Does a variation clause allow suspension of construction work? Imagine that you have put resources in place to commence work on a project, then …

Without Prejudice Privilege – What is it, and when does it apply?

Picture this: A long-running dispute is finally nearing resolution. An offer is on the table, and you’ve just received an email marked “Without Prejudice.” Does …

Termination for repeated late payment: Providence v Hexagon

Cashflow is critical in the construction industry. We commonly see situations where an Employer or Contractor repeatedly make late payments to their Contractor or Sub-Contractors, …

Pay when paid clauses

Are ‘pay when paid’ clauses in construction contracts ever acceptable? ‘Pay when paid’ clauses seek to make payment to one party conditional on payment being …

Construction Insolvency – What are the warning signs and how can you protect your position?

Insolvency of parties to construction contracts is not a new challenge to the construction industry, but recently it has become more prevalent. Often, if a …